In a tough economic climate, when clients feel let down by those they have relied on, it is unsurprising that inadequate and bad advice comes under the microscope. Often businesses cannot afford to ignore the losses which arise as a result.
We have specialist expertise in acting in claims against solicitors. We also act for businesses and individuals in claims against other professional advisers and service providers, including claims against accountants, financial advisers, brokers, architects and engineers. Our lawyers have been involved in advising on professional negligence claims arising in the following varied circumstances:
- top 50 law firm’s advice regarding continuing liability of an employer in relation to a departing senior employee’s long term incentive plan
- a major law firm’s failure to provide for a tax liability in connection with sums payable to a departing employee in a settlement agreement
- defending a multi-million pound claim relating to the management of a private equity fund portfolio, which was not pursued following the rebuttal of the letter of claim
- missed deadlines for a renewal application in respect of a betting office licence and bookmaker’s permit
- faulty maintenance work carried out resulting in significant damage and nuisance to neighbouring land
Each case is different. Our experience has taught us to listen carefully to clients’ objectives. A careful cost/benefit analysis is a must, weighing-up factors beyond the short-term cost and apparent merits of the case. We are acutely aware of other sensitivities which are often at play and may have a major impact on strategy, including the presence of other stakeholders (insurers and individuals who are central to the complaints), any risk of damage to a client’s own reputation and preservation of our client’s relationship with other long-term advisers.
We also advise professionals in defending professional negligence claims, particularly where a professional’s interests may conflict with their employer.
Where appropriate, we will endeavour to resolve disputes by way of alternative dispute resolution with the benefit of avoiding a lengthy, costly and public process. In other cases, litigating aggressively and bringing these pressures to bear on an opponent may be what is required to bring them to the negotiating table. We recognise that most clients do not want to end up in the Court.
How Fox & Partners can help…
- early advice on the strengths and weaknesses of a potential claim
- clear guidance on procedure from pre-action compliance with the Professional Negligence Pre-Action Protocol to trial
- focus on strategy to achieve early and cost-effective settlements
- straight-talking advice about costs.
Please call us on 020 7618 2400